TALLAHASSEE, Fla. – Even though the Supreme Court just ruled that the use of lethal injection in executions is legal, experts are saying the death penalty debate is far from over.
Monday, the justices voted 5-4 in a case from Oklahoma that the drug used is not cruel and unusual punishment.
Experts in the legal profession and the State Attorney Office said they are not surprised by the ruling, but some are saying the whole idea of the death penalty needs to have another look.
"We are very happy that the Supreme Court upheld the constitutionality of the death penalty. Capital punishment is constitutional, and there is no dispute about that," Assistant State Attorney Bernie de la Rionda said.
READ: SCOTUS backs use of lethal injection drugs
But the two dissenting judges in the case are saying that more than likely, the death penalty itself may be unconstitutional. That statement is what some people have said will to lead to more debate in the future.
"There is an attack by some in terms of the death penalty. They cannot anymore. They try, in some cases, to say a person is innocent. But that is not the attack now. The attack now is on how it's carried out, which is ridicules in this scenario. To me, the bottom line is if there is an issue, let's go back to firing squads. There would be one bullet, and it would be quick," de la Rionda said.
Former state attorney Harry Shorstein has prosecuted or overseen a number of death penalty cases, and he said that over time, his opinion on the matter has changed.
"My opinion has changed somewhat, because we have studied the death penalty from every angle imaginable. My conclusion today is the system is broken as it applies to the death penalty. There is no possible justification for having people on death row. I think the average is 13 years, but we have a case in Jacksonville that has been there for 40 years. That argumentatively is cruel and unusual punishment," Shorstein said.
Shorstein is talking about the case of Jacob Dougan (pictured at left), who was sentence to die 40 years ago for killing a man in Jacksonville and trying to start a race riot over it.
Shorestein said he's now working with a group in Washington that will be challenging death penalty cases.
Defense Attorney Richard Kuritiz said Florida will have a huge role in upcoming death penalty cases with the Supreme Court.
Florida is the only state where a person can be executed on the recommendation of a 7 to 5 justice ruling. Almost every other state requires a 12 to 0 recommendation. So right now, pending in the U.S. Supreme Court is that particular issue. Is the Florida system of the death penalty constitutional, and I think there will be a real problem with that, and I think it will be stricken down here in Florida," Kuritiz said.